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SB-86 Department of Pesticide Regulation: chlorpyrifos: quarterly reports.(2019-2020)

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Date Published: 09/30/2020 09:00 PM

Senate Bill No. 86

An act to add Chapter 3.5 (commencing with Section 105240) to Part 5 of Division 103 of the Health and Safety Code, relating to pesticides.

[ Approved by Governor  September 29, 2020. Filed with Secretary of State  September 29, 2020. ]


SB 86, Durazo. Department of Pesticide Regulation: chlorpyrifos: quarterly reports.
Existing law establishes in each county a county department of agriculture under the control of a county agricultural commissioner. Existing law requires pesticide use reports be submitted to a county agricultural commissioner within 7 days after each use of a restricted material. Existing law requires a county agricultural commissioner to submit to the Director of Pesticide Regulation a copy of each pesticide use report received, and requires the director to summarize the contents of the reports quarterly as to the type of material and amounts.
This bill would, beginning with the first quarter of 2021, require the Department of Pesticide Regulation to prepare and submit to specified Senate and Assembly committees and the Office of the Surgeon General quarterly reports containing information, as prescribed, regarding granular chlorpyrifos use, monitoring, and exposure during the quarter.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


 The Legislature finds and declares all of the following:
(a) California has a critical interest in ensuring that farmworkers and families are protected from the adverse effects of exposure to harmful pesticides.
(b) Chlorpyrifos and other organophosphate pesticides affect the nervous system through inhibition of cholinesterase, an enzyme required for proper nerve functioning. Cholinesterase inhibition from exposure to organophosphorus pesticides can cause acute parasympathetic nervous system dysfunction, muscle weakness, seizures, coma, respiratory failure, and, in extreme cases, death.
(c) There is substantial scientific evidence, including from epidemiological studies, that chlorpyrifos threatens the healthy development of children. Chlorpyrifos is acutely toxic and associated with neurodevelopmental harm in children. Prenatal and early life exposure to chlorpyrifos is associated with elevated risks of reduced intelligence quotient, loss of working memory, delays in motor development, attention deficit disorders, and structural changes in the brain. Exposure during pregnancy to even low levels of chlorpyrifos that caused only minimal cholinesterase inhibition in mothers can lead to measurable long-lasting and possibly permanent neurobehavioral and functional deficits in prenatally exposed children.
(d) Children and pregnant women can be exposed to chlorpyrifos through residues on food and contaminated drinking water. Children can be exposed to chlorpyrifos when their parents or siblings transport the pesticide into the home on their skin, clothing, and shoes. Children experience greater exposure to chlorpyrifos and other pesticides because, relative to adults, they eat, drink, and breathe more in proportion to their body weight.
(e) On April 1, 2019, the Department of Pesticide Regulation listed chlorpyrifos as a toxic air contaminant after California’s independent Scientific Review Panel on Toxic Air Contaminants found that chlorpyrifos causes serious health effects in children and other sensitive populations at lower levels of exposure than previously understood.
(f) On August 14, 2019, the Department of Pesticide Regulation initiated cancellation proceedings for certain chlorpyrifos products.
(g) On October 9, 2019, the Department of Pesticide Regulation announced that it had reached a legal settlement with chlorpyrifos registrants, whereby sales of certain chlorpyrifos products would end by February 2020. In the same announcement, the department clarified that “products that apply chlorpyrifos in granular form ... will be allowed to remain on the market.”
(h) Chlorpyrifos in granular form consists of granules either coated or saturated with chlorpyrifos. Chlorpyrifos in granular form takes longer to breakdown in the environment than chlorpyrifos in liquid form. Chlorpyrifos in granular form may persist in the environment for as long as 180 days.
(i) The United States Environmental Protection Agency’s November 2016 revised risk assessment for chlorpyrifos shows risks to workers who mix, load, and apply chlorpyrifos pesticide products, including chlorpyrifos pesticide products in granular form.
(j) There is scientific evidence that the use of chlorpyrifos, including the granular form of chlorpyrifos, presents a risk to farmworkers, children, and mothers.
(k) Since 1990, California has required the full reporting of agricultural pesticide use throughout the state. All agricultural pesticide use must be reported monthly to county agricultural commissioners, who in turn, report the data to the Department of Pesticide Regulation. Using this comprehensive pesticide use data, the Department of Pesticide Regulation then prepares annual data summaries. Given the scientific evidence of the harm caused by chlorpyrifos, it is imperative that specific data on granular uses of chlorpyrifos be incorporated into this existing data gathering infrastructure.

SEC. 2.

 Chapter 3.5 (commencing with Section 105240) is added to Part 5 of Division 103 of the Health and Safety Code, to read:
CHAPTER  3.5. Chlorpyrifos

 Notwithstanding Section 10231.5 of the Government Code, beginning with the first quarter of 2021, the Department of Pesticide Regulation shall prepare and submit quarterly reports, due 60 days after the end of each quarter, to the Senate Committee on Health, the Senate Committee on Labor, Public Employment and Retirement, the Senate Committee on Environmental Quality, the Assembly Committee on Health, the Assembly Committee on Labor and Employment, the Assembly Committee on Environmental Safety and Toxic Materials, and the Office of the Surgeon General that provide all of the following information:
(a) The amount of chlorpyrifos in granular form used in the quarter, reported in pounds and by location of use.
(b) Potential reasons for any increase or decrease in the use of chlorpyrifos in granular form in the quarter as compared to the same quarter of the previous year.
(c) A description of how the Department of Pesticide Regulation monitors exposure to the use of chlorpyrifos in granular form with a particular emphasis on dermal and inhalation exposure, and any information relating to that exposure during the quarter.